^ibfary of ^amxt^^. 






UNITED STATES 01' AMERICA. i 



THE 



CONSTITUTION OF VIRGINIA, 



FRAMED BY THE 



coisr^EisrTioi^ 



Which met in Richmond, Virginia, on Tuesday, December 3, 1867. 



PASSED APRIL 17, 



RICHMOND: 

PKINTED AT THE OFFICE OF THE XEW XATIOX. 

18G8. 



L/rc l^ 



COISTITUTION 



PREAMBLE. 



WhereaSj tlie delegates and representatives of the good people of 
Yirginia, in Convention assembled, on the 29th day of June, in the 
year of our Lord one thousand seven hundred and seventy-six, reciting 
and declaring, that whereas, George the Third, King of Great Britain 
and L'eland, and Elector of Hanover, before that time entrusted with 
the exercise of the kingly office in the Government of Virginia, had 
endeavored to pervert the same into a detestable and insupportable 
tyranny, by putting his negative on laws the most wholesome and ne- 
cessary for the public good ; by denying his governors permission to 
pass la^'.rs of immediate and pressing importance, unless suspended in 
their operation for his assent, and when so suspended, neglecting to at- 
tend to them for many years ; by refusing to pass certain other laws, 
unless the persons to b:^ benefited by them w^ould relinquish the inesti- 
mable right of representation in the Legislature ; by dissolving legisla- 
tive assemblies repeatedly and continually, for opposing, with manly 
firmness, his invasions of the rights of the people ; when dissolved, by 
refusing to call others for a long space of time, thereby leaving the po- 
litical system without any legislative head ; by endeavoring to prevent 
the population of our country, and for that purpose obstructing the laws 
for naturalization of foreigners ; by keeping among us, in time of peace, 
standing armies and ships of v^ar ; by alFecting to render the military 
independent of, and superior to, the civil power ; by combining with 
others to subject us to a foreign jurisdiction, giving his assent to their 
pretended acts of legislation, for qu^irtering large bodies of armed 
troops among us, for cutting off our trade with all parts of the world, 
for imposing taxes on us without our consent, for depriving us of the 
benefit of the trial by jury, for transporting us beyond the seas for trial 
for pretended offences, for suspending our own legislators, and de- 
claring themselves invested w^ith power to legislate for us in all cases 
whatsoever ; by plundering our seas, ravaging our coasts, burning our 
towns, and destroying the lives of our people ; by inciting insurrec- 



4 CONSTITUTION OF VIRGINIA. 

tions of our fellow-subjects with the allurements of forfeiture and con- 
fiscation ; by prompting our negroes to rise in arms among us — those 
very negroes whom, by an inhuman use of his negative, he had refused 
us permission to exclude by law ; by endeavoring to bring on the in- 
habitants of our frontiers the merciless Indian savaores, whose known 
rule of warfare is an undistinguished destruction of all ages, sexes and 
conditions of existence ; by transporting hither a large army of foreign 
mercenaries to complete the work of death, desolation and tyranny, 
then already begun, with circumstances of cruelty and perfidy un- 
worthy the head of a civilized nation ; by answering our repeated pe- 
titions for redress with a repetition of injuries ; and finally, by aban- 
doning the helm of government and declaring us out of his allegiance 
and protection : by which several acts of misrule the Grovernment of 
this country, as before exercised under the Crown of Great Britain, 
was totally dissolved — did, therefore, having maturely considered the 
premises, and viewing with great concern the deplorable condition to 
which this once happy country would be reduced unless some regular, 
adequate mode of civil policy should be speedily adopted, and in com- 
pliance with the recommendation of the General Congress, ordain and 
declare a form of Government of Virginia : 

And whereas, a Convention, held on the first Monday in October, in 
the year one thousand eight hundred and twenty-nine, did propose to 
the people of the Commonwealth an amended Constitution, or form of 
government, which was ratified by them : 

And whereas, the General Assembly of Virginia, by an act passed 
on the fourth of March, in the year one thousand eight hundred and 
fifty, did provide for the election, by the people, of delegates to meet 
in general convention, to consider, discuss and propose a new Consti- 
tution, or alterations and amendments to the existinc: Constituticin of 
this Commonwealth ; and by an act passed on the thirteenth of March, in 
the year one thousand eight hundred and fifty-one, did further provide 
for submitting the same to the people for ratification or rejection ; and 
the same having been submitted accordingly, was ratified by them : 

And whereas, the General Assembly of Virginia, by an act passed 
on the twenty-first day of December, in the year one thousand eight 
hundred and sixty-three, did provide for the election, by the people, of 
delegates to meet in general convention, to consider, discuss and adopt 
alterations and amendments to the existing Constitution of this Com- 
monwealth, the delegates so assembled did, therefore, having maturely 



CONSTITUTION OF VIRGINIA. O 

considered the premises, adopt a revised and amended Constitution as 
the form of government of Virginia: 

And whereas, the Congress of the United States did, by all act passed 
on the second day of March, in the year one thousand eight hundred 
and sixty-seven, and entitled "An act to provide for the more efficient 
government of the rebel States," and by acts supplementary thereto, 
passed on the twenty-third day of March, and the nineteenth day of 
July, in the year one thousand eight hundred and sixty-seven, provide 
for the election, by the people of Virginia, qualified to vote under the 
provisions of said acts, of delegates to meet in convention to frame a 
Constitution, or form of government for Virginia, in conformity with 
said acts; and by the same acts did further provide for the submitting 
of such Constitution to the qualified voters for ratification or rejection : 

We, therefore, the delegates of the good people of Virginia, elected 
and in Convention assembled in pursuance of said acts, invoking the 
favor and guidance of Almighty God, do propose to the people the fol- 
lowing Constitution and form of government for this Commonwealth : 

ARTICLE I. 

BILL OF EIGHTS. 

A Declaration of Rights made by the Representatives of the good 
people of Virginia^ assembled in full and free Convention, iDhich 
rights do pertain to them and their posterity as the basis and founda- 
tion of Government : k 

1 . That all men are by nature equally free and independent, and 
have certain inherent rights, of which, when they enter into a state of 
society, they cannot, by any compact, deprive or divest their posterity, 
namely, the enjoyment of life and liberty, with the means of acquiring 
and possessing property, and pursuing and obtaining happiness and 



2. That this State shall ever remain a member of the United States 
of America, and that the people thereof are part of the American na- 
tion, and that all attempts, from whatever source or upon whatever pre- 
text, to dissolve said Union or to sever said nation, are unauthorized 
and ought to be resisted with the whole power of the State. 

3. That the Constitution of the United States, and the laws of Con- 
gress passed in pursuance thereof, constitute the supreme law of the 
land, to which paramount allegiance and obedience are due from every 



CONSTITUTION OF VIRGINIA. 

citizen, anything in the Constitutionj ordinances or laws of any State 
to the contrary notwithstanding. 

4. That ail power is vested in, and consequently derived from, the 
people; that magistrates are their trustees and servants, and at all times 
amenable to them. 

5. That government is, or ought to be, instituted for the common 
benefit, protection and security of the people, nation or community ; 
of all the various modes and forms of government, that is best which is 
capable of producing the greatest degree of happiness and sa^fety, and 
is most effectually secured against the danger of maladministration; 
and that when any government shall be found inadequate or contrary 
to these purposes, a majority of the community hath an indubitable, 
inalienable and indefeasible right to reform, alter or abolish it, in such 
manner as shall be judged most conducive to the public w^eal. 

6. That no man, or set of men, are entitled to exclusive or separate 
emoluments or privileges from the community but in consideration of 
public services; which, not being descendible, neither ought the offices 
of magistrate, legislator or judge to be hereditary. 

7. That the legislative, executive and judicial powers should be 
separate and distiuct; and that the members thereof may be restrained 
from oppression, by feeling and participating the burthens of the peo- 
ple, they should, at fixed periods, be reduced to a private station, re- 
turn into that body from which they were originally taken, and the 
vacancies be supplied by frequent, certain and regular elections, in 
which all or any part of the former members to be again eligible or in- 
eligible, as the laws shall direct. 

8. That all elections ought to be free, and that all men, having suffi- 
cient evidence of permanent common interest with, and attachment to, 
the community, have the right of suffrage, and cannot be taxed or de- 
prived of their property for public uses, without their own consent, or 
that of their representatives so elected, nor bound by any law to which 
they have not in like manner assented, for the public good. 

9. That all power of suspending laws, or the execution of laws by 
any authority, without the consent of the representatives of the people, 
is injurious to their rights and ought not to be exercised. 

10. That in all capital or criminal |)rosecutions, a man hath a right 
to demand the cause and nature of his accusations, to be confronted 
with the accusers and witnesses, to call for evidence in his favor, and to 
a speedy trial by an impartial jury of his vicinage, without whose unan- 
imous consent he cannot be found guilty; nor can he be compelled to 



CONSTITUTION OF VIRGINIA. { 

give evidence against himself; that no man be deprived of his liberty, 
except by the law of the land or the judgment of his peers. 

11. That excessive bail ought not to be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted. 

12. That general warrants, whereby an officer or messenger may be 
commanded to search suspected places without evidence of a fact com- 
mitted, or to seize any person, or persons, not named, or whose offence 
is not particularly described and supported by evidence, are grievious 
and oppressive, and ought not to be granted. 

13. That in controversies respecting property, and in suits between 
man and man, the trial by jury is preferable to any other, and ought 
to be held sacred. 

14. That the freedom of the press is one of the great bulwarks of 
liberty, and can never be restrained but by despotic governments, and 
any citizen may speak, vrrite and publish his sentiments on all subjects, 
being responsible for the abuse of that liberty. 

15. That a well-regulated militia, composed of the body of the peo- 
ple, trained to arms, is the proper, natural and safe defence of a free 
State; that standing armies, in time of peace, should be avoided as 
dangerous to liberty, and that in all cases the military should be under 
strict subordination to, and governed by, the civil power. 

16. That the people have a right lo uniform government; and, there- 
fore, that no government separate from, or independent of, the Govern- 
ment of Virginia ought to be erected or established within the limits 
thereof. 

17. That no free government, or the blessings of liberty, can be 
preserved to any people but by a firm adherence to justice, moderation, 
temperance and virtue, and by a frequent recurrence to fundamental 
principles. 

18. That religion, or the duty which we owe to our Creator, and the 
manner of discharging it, can be directed only by reason and conviction, 
not by force or violence ; and, therefore, all men are equally entitled 
to the free exercise of religion according to the dictates of conscience ; 
and that it is the mutual duty of all to practice Christian forbeai'ance, 
love and charity towards each other. 

19. That neither slavery nor involuntary servitude, except as la^vful 
imprisonment may constitute such, shall exist within this State. 

20. That all citizens of the State are hereby declared to possess 
equal civil and political rights and public privileges. 



8 CONSTITUTION OF YIRGINIA. 

21. The rights enumerated in this Bill of Rights shall not be con- 
strued to limit other rights of the people not therein expressed. 

The declaration of the political rights and privileges of the inhabit- 
ants of this State is hereby declared to be a part of the Constitution of 
this Commonwealth, and shall not be violated on any pretence whatever. 

ARTICLE II. 

DIYISIOX OF POWERS. 

The Legislative, Executive and Judiciary Departments shall be sepa-^ 
rate and distinct, so that neither exercise the powers properly belonging 
to either of the others ; nor shall any person exercise the power of 
more than one of them at the same time, except as hereinafter pro- 
vided. 

ARTICLE III. 

ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE. 

Section L Every male citizen of the United States, twenty-one 
years old, who shall have been a resident of this State twelve months,, 
and of the county, city or town in which he shall offer to vote three 
months next preceding any election, shall be entitled to vote upon all 
questions submitted to the people at such election : Provided, That no 
officer, soldier, seaman or marine of the United States army or navy 
shall be considered a resident of this State by reason of being stationed 
therein : And provided also. That the following persons shall be ex- 
cluded from voting : 

1st. Idiots and lunatics. 

2d. Persons convicted of bribery in any election, embezzlement of 
public funds, treason or felony. 

3d. 'No person who, while a citizen of this State, has, since the 
adoption of this Constitution, fought a duel with a deadly weapon, sent 
or accepted a challenge to fight a duel with a deadly weapon, either 
within or beyond the boundaries of this State, or knowingly conveyed a 
challenge, or aided or assisted in any manner in fighting a duel, shall 
be allowed to vote or hold any office of honor, profit or trust, under 
this Constitution. 

4th. Every person who has been a senator or representative in Con- 
gress, or elector of President or Vice-President, or who held any office, 
civil or military, under the United States, or under any State, who, 
having previously taken an oath as a member of Congress, or as an 



CONSTITUTION OF VIRGINIA. 9 

officer of the United States, or as a member of any State Legislature, or 
as an executive or judicial officer of any State, shall have engaged in in- 
surrection or rebellion against the same, or given aid or comfort to the 
enemies thereof. This clause shall include the following officers : 
Governor, Lieutenant-Governor, Secretary of State, Auditor of Public 
Accounts, Second Auditor, Register of the Land Office, State Trea- 
surer, Attorney-General, Sheriffs, Sergeant of a city or town, Commis- 
sioner of the Revenue, County Surveyors, Constables, Overseers of 
the Poor, Commissioner of the Board of Public Works, Judges of the 
Supreme Court, Judges of the Circuit Courts, Judge of the Court of 
Hustings, Justices of the County Courts, Mayor, Recorder, Alderman, 
Councilmen of a city or town, Coroners, Escheators, Inspectors of To- 
bacco, Flour, &c., Clerks of the Supreme, District, Circuit and County 
Courts, and of the Court of Hustings, and Attorneys for the Common- 
wealth : Provided, That the Legislature may, by a vote of three-fifths 
of both Houses, remove the disabilities incurred by this clause from 
any person included therein, by a separate vote in each case. 

Sec. 2. All elections shall be by ballot, and all persons entitled to 
vote shall be eligible to any office within the gift of the people, except 
as restricted in this Constitution. 

Sec. 3. All persons entitled to vote and hold office, and none others, 
shall be eligible to sit as jurors. 

Sec. 4. The General Assembly shall, at its first session under this 
Constitution, enact a general registration law ; and every person offer- 
ing or applying to register shall take and subscribe, before the officer 
charged Avith making a registration of voters, the following oath : 

*^ I, , do solemnly swear (or affirm) that I am not disqualified 

from exercising the right of suffrage by the Constitution framed by the 
Convention which assembled in the city of Richmond on the third day 
of December, 1867, and that I will support and defend the same to the 
best of my ability." 

Sec. 5. 'No voter, during the time of holding any election at which 
he is entitled to vote, shall be compelled to perform military service, 
except in time of war or public danger, to work upon public roads, or to 
attend any court as suitor, juror or witness ; and no voter shall be sub- 
ject to arrest under any civil process during his attendance at elections, 
or in going to or returning from them. 



10 CONSTITUTION OF VIRGINIA. 



OATH OF OFFICE. 

Sec. 6. All persons, before entering upon the discharge of any func- 
tion as officers of this State, must take and subscribe the follo^ving 
oath or affirmation : 

•' I, , do solemnly s"\vear (or affirm) that I will support and 

maintain the Constitution and laws of the United States, and the Con- 
stitution and laws of the State of Virginia : that I recognize and ac- 
cept the civil and political equality of all men before the la^y, and that 

I will faithfully perform the duty of , to the best of my ability. 

So help me God."' 

Sec. T. In addition to the foregoing oath of office, the Governor, 
Lieutenant-Governor, members of the Generad Assembly, Secretary of 
State, Auditor of Public Accounts, State Treasurer, Attorney-General, 
and all persons elected to any Convention to frame a Constitution for 
this State, or to amend or revise this Constitution in any manner, and 
Mayor and Council of any city or town, shall, before they enter on the 
duties of their respective offices, take and subscribe the following oath 
or affirmation: Provided, The disabilities therein contained ma.y be in- 
dividually removed by a three-fifths vote of the General Assembly : 

•* I, ■, do solemnly swear (or affirm) that I have never volunta- 
rily borne arms against the United States since I have been a citizen 
thereof; that I have voluntarily given no aid, countenance, counsel or 
encouragement to persons engaged in armed hostility thereto ; that I 
have never sought nor accepted, nor attempted to exercise the functions 
of any office whatever, under any authority, or pretended authority, in 
hostility to the United States ; that I have not yielded a voluntary sup- 
port to any pretended government, authority, power or constitution 
within the United States, hostile or inimical thereto. And I do further 
swear (or affirm) that, to the best of my knowledge and ability, I will 
support and defend the Constitution of the United States against all 
enemies, foreign and domestic ; that I will bear true faith and allegiance 
to the same ; that I take this obligation freely, without any mental re- 
servation or purpose of evasion, and that I will well and faithfully dis- 
charge the duties of the office on which I am about to enter. So help 
me God." 

The above oath shall also be taken by all city and county officers be- 
fore entering upon their duties, and by all other State officers not in- 
cluded in the above provision. 



CONSTITUTION OF VIRGINIA. 11 

ARTICLE IV. 

EXECUTIVE DEFAKTMEXT. 

GOVERNOR. 

Section 1. The chief executive power of this Commonwealth shall 
he vested in a Governor. He shall hold the office for the term of four 
years, to commence on the first day of January next succeeding his 
election, and be ineligible to the same office for the term next succeed- 
ing that for which he v^as elected, and to any other office during his 
term of service. 

Sec. 2. The Governor shall be elected by the voters at the times 
and places of choosing members of the General Assembly. Returns 
of elections shall be transmitted, under seal, by the proper officers, to 
the Secretary of the Commonwealth, who shall deliver them to the 
Speaker of the House of Delegates, on the first day of the next session 
of the General Assembly. The Speaker of the House of Delegates 
shall, within one week thereafter, in presence of a majority of the Sen- 
ate and House of Delegates, open the said returns, and the votes shall 
then be counted. The person having the highest number of votes shall 
be 'declared elected; but if two or more shall have the highest and an 
equal number of votes, one of them shall be chosen Governor by the 
joint vote of the two Houses of the General Assembly. Contested 
elections for Governor shall be decided by a like vote, and the mode of 
proceeding in such cases shall be prescribed by law. 

Sec. 3. No person, except a citizen of the United States, shall be 
eligible to the office of Governor; and if such person be of foreign 
birth, he must have been. a citizen of the United States for ten years 
next preceding his election; nor shall any person be eligible to that 
office unless he shall have attained the age of thirty years, and have 
been a resident of this State for three years next preceding his elec- 
tion. 

Sec. 4. The Governor shall reside at the seat of government; shall 
receive five thousand dollars for each year of his service, and, while in 
office, shall receive no other emolument from this or an}^ other govern- 
ment. 

Sec. 5. He shall take care that the laws be faithfully executed; com- 
municate to the General Assembly at ever}^ session the condition of the 
Commonvfealth ; recommend to their consideration such measures as he 
may deem expedient, and convene the General Assembh', on application 



12 CONSTITUTION OF VIRGINIA. 

of two-thirds of the members of both Houses thereof, or when, in his 
opinion, the interest of the Commonwealth may require it. He shall be 
Commander-in-Chief of the land and naval forces of the State ; have 
power to embody the militia to repel invasion, suppress insurrection and 
enforce the execution of the laws; conduct, either in person or in such 
other manner as shall be prescribed by law, ail intercourse with other 
and foreign States, and, during the recess of the General Assembly, to 
fdl, i^ro tempore, all vacancies in those offices for which the Constitu- 
tion and laws make no provision ; but his appointments to such vacan- 
cies shall be by commissions, to expire at the end of thirty days after 
the commencement of the next session of the General Assembly. He 
shall have power to remit fines and penalties in such cases and under 
such rules and regulations as may be prescribed by law, and, except 
when the prosecution has been carried on by the House of Delegates, 
to grant reprieves and pardons after conviction; to remove political 
disabilities consequent upon conviction for offences committed prior or 
subsequent to the adoption of this Constitution, and to commute capital 
punishment; but he shall communicate to the General Assembly, at 
each session, the particulars of every case of fine or penalty remitted, 
of reprieve or pardon granted, and of punishment commuted, with his 
reasons for remitting, granting or commuting the same. 

Sec. 6. He may require information, in writing, from the officers in 
the Executive Department, upon any subject relating to the duties of 
their respective offices, and may also require the opinion, in writing, 
of the Attorney-General upon any question of law connected with his 
official duties. 

Sec. 7. Commissions and grants shall run m the name of the Com- 
monwealth of Virginia, and be attested by the Governor, with the seal 
of the Commonwealth annexed. 

Sec. 8. Every bill which shall have passed the Senate and House of 
Delegates, and every resolution requiring the assent of both branches 
of the General Assembly, shall, before it becomes a law, be presented 
to the Governor; if he approve he shall sign it, but if not he shall 
return it, with his objections, to the House in which it shall have origi- 
nated, who shall enter the objections at large on their journal, and 
proceed to reconsider it. If, after such consideration, two-thirds of the 
members present shall agree to pass the bill or joint resolution, it shall 
be sent, together with the objections, to the other House, by which it 
shall likewise be reconsidered, and, if approved by two-thirds of all the 
members present, it shall become a law, notwithstanding the objections 



CONSTITUTION OF VIRGINIA. 13 

of the Governor. But in all such cases the votes of both Houses shall 
he determined by ayes and noes, and the names of the members voting 
for and against the bill or joint resolution shall be entered on the 
Journal of each House respectively. If any bill or resolution shall not 
be returned by the Governor within five days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the Legislature shall, by their 
adjournment, prevent its return ; in which case it shall not be a 
law. 

LIEUTENANT-GOVERNOR. 

Sec. 9. A Lieutenant-Governor shall be elected at the same time 
and for the same term as the Governor, and his qualification and the 
manner of his election, in all respects, shall be the same. 

Sec. 10. In case of the removal of the Governor from office, or of 
his death, failure to qualify, resignation, removal from the State, or 
inability to discharge the powers and duties of the office, the said office, 
with its compensation, shall devolve upon the Lieutenant-Governor ; 
and the General Assembly shall provide by law for the discharge of the 
Executive functions in other necessary cases. 

Sec. 11. The Lieutenant-Governor shall be President of the Senate, 
but shall have no vote except in case of an equal division ; and while 
acting as such, shall receive a compensation equal to that allowed to 
the Speaker of the House of Delegates. 

SECRETARY OF THE COMMONWEALTH, TREASURER AND AUDITOR. 

Sec 12. a Secretary of the Commonwealth, Treasurer and Auditor 
of Public Accounts shall be elected by the joint vote of the two Houses 
of the General Assembly, and continue in office for the term of two 
years, unless sooner relieved. The salary of each shall be determined 
by law. 

Sec. 13. The Secretory shall keep a record of the official acts of the 
Governor, which shall be signed by the Governor and attested by the 
Secretary; and when required, he shall lay the same, and any papers, 
minutes and vouchers pertaining to his office, before either House of 
the General Assembly, and shall perform such other duties as may be 
prescribed by law. All fees received by the Secretary shall be paid 
into the treasury. 

Sec. 14. The powers and duties of the Treasurer and Auditor shall 
be such as now are or may be hereafter prescribed by law. 

Sec 15. There may be established, in the office of the Secretary 



14 



CONSTITUTION OF VIRGINIA, 



of State, a Bureau of Statistics and a Bureau of Agricultural Chem- 
istry and Geology, under such regulations as may be prescribed by 
law. 

Sec. 16. The General xlssembly shall have power to establish a Bu- 
reau of Agriculture and Immigration, under such regulations as may 
be prescribed by law. 

BOAKD OF prSLIC WORKS. 

Sec. it. There shall be a Board of Public Works, to consist of 
the Governor, Auditor and Treasurer of the Commonwealth, under 
such regulations as may be prescribed by law. ' 



AKTICLE Y. 

LEGISLATIVE DEPAET^-IEXT. 

Section 1. The legislative power of this Commonwealth shall be 
vested in a General Assembly, which shall consist of a Senate and 
House of Delegates. 

Sec. 2. The House of Delegates shall be elected biennially by the 
voters of the several cities and counties on the Tuesday succeeding the 
first Monday in November, and shall be distributed and apportioned as 
follows : 

District Xo. 1. Accomac shall have two delegates. 

2. Albemarle shall have three delegates. 

3. Amelia shall have one delegate. 
Alexandria shall have two delegates. 
Amherst shall have two delegates. 
Appomattox shall have one delegate. 



4. 
5. 

6. 

7. Alleghany and Craig shall have one delegate. 

8. Augusta shall have three delegates. 

9. Bath and Hio-hland shall have one deleorate. 

10. Bedford shall have three delegates. 

11. Bland shall have one delegate. 

12. Botetourt shall have one delegate. 

13. Brunswick shall have one deleo;ate. 

14. Buckingham shall have two delegates. 

15. Buchanan and Wise shall have one delegate. 

16. Campbell shall have three delegates. 

17. Caroline shall have two delegates. 

18. Carroll shall have one delegate. 



CONSTITUTION OF VIRGINIA. 



15 



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29. 


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31. 


66 


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32. 


66 


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33. 


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34. 


66 


66 


35. 


66 


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36. 


66 


66 


37. 


66 


66 


38. 


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39. 


66 


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40. 


66 


66 


41. 


66 


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42. 


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43. 


66 


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44. 


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45. 


66 


66 


46. 


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47. 


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48. 


66 


66 


49. 


66 


66 


50. 


66 


61 


51. 


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53. 


66 


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54. 



Charles City shall have one delegate. 

Charlotte shall have two delegates. 

Chesterfield and Powhatan shall have three dele- 
gates. 

Cumberland shall have one delegate. 

Culpeper shall have one delegate. 

Clarke shall have one delegate. 

Dinwiddle shall have one delegate. 

Elizabeth City and Warwick shall have two dele- 
gates. 

Essex shall have one delegate. 

Fauquier shall have two delegates. 

Fairfax shall have one delegate. 

Floyd shall have one delegate. 

Franklin shall have two delegates. 

Fluvanna shall have one delegate. 

Frederick shall have one delegate. 

Giles shall have one delegate. 

Goochland shall have one delegate. 

Greenes ville shall have one delegate. 

Greene shall have one delegate. 

Gloucester shall have one delegate. 

Grayson shall have one delegate. 

Halifax shall have three delegates. 

Hanover shall have two delegates. 

Henrico and Richmond city shall have eighttdele- 
gates. 

Henry shall have one delegate. 

Isle of Wight shall have one delegate. 

James City and the city of Williamsburg shall have 
one delegate. 

King & Queen shall have one delegate. 

King William shall have one delegate. 

King George shall have one delegate. 

Lancaster shall have one. delegate. 

Lee shall have one delegate. 

Louisa shall have two delegates. 

Lunenburg shall have one delegate. 

Loudoun shall have two delegates. 

Mathews shall have one delegate. 



16 COXSTITUTIOX OF VIRGINIA. 

District Xo. 55. Madison shall have one delegate. 

•• •• 56. Mecklenburs: shall have two deleo:ates. 

" '• 51. Middlesex shall have one delegate. 

" *' oS. Montgomery shall have one delegate. 

" ^* 59. Xansemond shall have one delegate. 

" *• 60. Xew Kent shall have one delegate. 

" "61. Xorfolk countT and the city of Portsmouth shall 

have three deleo:ates. 

" " 62. Xorfolk city shall have tvo delegates. 

" '*' 6S. Xelson shall have one delegate. 

" '' 64. Xottoway shall have one delegate. 

" " 65. Northampton shall have one delegate. 

'* '• 66. Xonhumberland shall have one delegate. 

" ** 67. Orange shall have one delegate. 

'* " 68. Patrick shall have one delegate. 

•* " 69. Page shall have one delegate. 

" " 70. Pittsylvania shall have four delegates. 

" " 71. Petersburg city shall have two delegates. 

•• " 72. Prince Edward shall have one delegate. 

" ** 73. Prince G-eorge shall have one delegate. 

" " 74. Prince William shall have one delegate. 

" " 75. Pulaski shall have one delegate. 

<« *•' 76. Princess Anne shall have one delegate. 

" " 77. Rappahannock shall have one delegate. 

" ** 78. Richmond county shall have one delegate. 

" *< 79. Rockingham shall have two delegates. 

" " SO. Rockbridge shall have two delegates. 

<« " 81. Roanoke shall have one delegate. 

" " 82. Russell shall have one delegate. 

" ** S'3. Shenandoah shall have one delegate. 

^« *' 84. Smyth shall have one delegate. 

^' " 85. Southampton shall have one delegate. 

^* ** 86. Scott shall have one delegate. 

*« ** 87. Surry shall have one delegate. 

*^ '^ 88. Stafford shall have one delegate. 

<« ** 89. Sussex, shall have one delegate. 

" *' 90. Spotsylvania shall have one delegate. 

'^ ** 91. Tazewell shall have one delegate. 

<• <* 92. Washington shall have two delegates. 

*• ^' 93. "Warren shall have one delegate. 



CONSTITUTION OF VIRGINIA. 17 

District No. 94. Westmoreland shall have one delegate. 
" *' 95. Wythe shall have one delegate. 

" '' 96. York shall have one delegate. 

Sec. 3. The senators shall be elected for the term of four years, for 
the election of whom the counties, cities and towns shall be divided 
into not more than (40) forty districts. Each county, city and town of 
the respective districts, at the time of the first election of its delegate or 
delegates under this Constitution, shall vote for one or more senators. 
The senators first elected under this Constitution in districts bearing 
odd numbers, shall vacate their offices at the end of two years ; and 
those elected in districts bearing even numbers, at the end of four 
years ; and vacancies occurring by expiration of term, shall be filled by 
the election of senators for the full term. 

The followmg shall constitute the senatorial districts: 

Alexandria, Fairfax and Loudoun shall form the first district, and be 
■entitled to two senators. 

Fauquier, Rappahannock and Prince William shall form the second 
district, and be entitled to one senator. 

Orange, Culpeper and Madison shall form the third district, and be 
entitled to one senator. 

Stafford, Spotsylvania and Louisa shall form the fourth district, and 
be entitled to one senator. 

Fluvanna, Goochland and Powhatan shall form the fifth district, and 
be entitled to one senator. 

Albemarle and Greene shall form the sixth district, and be entitled 
to one senator. 

Buckingham and Appomattox shall form the seventh district, and be 
entitled to one senator. 

jSTelson and Amherst shall form the eighth district, and be entitled 
to one senator. 

Franklin and Henry shall form the ninth district, and be entitled to 
one senator. 

Pittsylvania shall form the tenth district, and be entitled to one 
senator. 

Campbell shall form the eleventh district, and bo entitled to one 
senator. 

Bedford shall form the tvfelfth district, and be entitled to one senator. 

Halifax shall form the thirteenth district, and be entitled to one 
senator. 



18 CONSTITUTION OF VIRGINIA. 

Charlotte and Prince Edward shall form the fourteenth district, and 
be entitled to one senator. 

Mecklenburg shall form the fifteenth district, and be entitled to one 
senator. 

King George, "Westmoreland, Richmond, Northumberland and Lan- 
caster shall form the sixteenth district, and be entitled to one senator. 

Caroline, Essex and King William shall form the seventeenth dis- 
trict, and be entitled to one senator. 

Gloucester, Middlesex, Mathews and King & Queen shall form the 
eighteenth district, and be entitled to one senator. 

Richmond city and Henrico shall form the nineteenth district, and 
be entitled to three senators. 

Norfolk city and Princess Anne county shall form the twentieth 
district, and be entitled to one senator. 

Norfolk county and the city of Portsmouth shall form the twenty- 
first district, and be entitled to one senator. 

Nansemond, Southampton and Isle of Wight shall form the twenty- 
second district, and be entitled to one senator. 

Greenes ville, Dinwiddle and Sussex shall form the twenty-third dis- 
trict, and be entitled to one senator. 

Surry, York, Warwick and Elizabeth City shall form the twenty- 
fourth district, and be entitled to one senator. 

Brunswick and Lunenburg shall form the twenty-fifth district, and be 
entitled to one senator. 

Chesterfield and Prince George shall form the twenty-sixth district, 
and be entitled to one senator. 

The city of Petersburg shall form the twenty-seventh district, and be 
entitled to one senator. 

Accomac and Northampton shall form the twenty-eighth district, and 
be entitled to one senator. 

Hanover, New Kent, Charles City and James City shall form the 
twenty-ninth district, and be entitled to one senator. 

Cumberland, Amelia and Nottoway shall form the thirtieth district, 
and be entitled to one senator. 

Frederick, Clarke and Shenandoah shall form the thirty-first district, 
and be entitled to one senator. 

Page, Warren and Rockingham shall form the thirty-second district, 
and be entitled to one senator. 

Highland and Augusta shall form the thirty-third district, and be en- 
titled to one senator. 



-^^ 



CONSTITUTION OF VIRGINIA. 19 

Rockbridge, Batli and Alleghany shall form the thirty-fourth district, 
and be entitled to one senator. 

Botetourt, Roanoke, Craig and Giles shall form the thirty-fifth dis- 
trict, and be entitled to one senator. 

Montgomery, Floyd and Patrick shall form the thirty-sixth district, 
and be entitled to one senator. 

Grayson, Carroll and Wythe shall form the thirty-seventh district, 
and be entitled to one senator. 

Pulaski, Bland, Tazewell and Russell shall form the thirty-eighth dis- 
trict, and be entitled to one senator. 

Lee, Scott, Wise and Buchanan shall form the thirty-ninth district, 
and. be entitled to one senator. 

Washington and Smyth shall form the fortieth district^ and be entitled 
to one senator. 

Sec. 4. At the first session of the General Assembly after the enu- 
meration of the inhabitants of the State by the United States, a re -ap- 
portionment of Senators and members of the House of Delegates, and 
every tenth year thereafter, shall be made. 

QUALIFICATIONS OF SENATORS AND DELEGATES. 

Sec. 5. Any person may be elected Senator who, at the time of elec- 
tion, is actually a resident within the district, and qualified to vote for 
members of the General Assembly according to this Constitution ; and 
any person may be elected a member of the House of Delegates who, 
at the time of election, is actually a resident withm the county, city, 
town or election district, qualified to vote for members of the General 
Assembly according to this Constitution"; the removal of any person 
elected to either branch of the General Assembly from the city, county, 
town or district for which he w^as elected, shall vacate his office. 

POWERS AND DUTIES OF THE GENERAL ASSEMBLY. 

Sec. 6. The General Assembly shall meet annually, and not oftener, 
unless convened by the Governor in the manner prescribed in this Con- 
stitution. No session of the General Assembly, after the first under 
this Constitution, shall continue longer than ninety days, without the 
concurrence of three-fifths of the members elected to each House ; in 
which case, the session may be extended for a further period, not ex- 
ceeding thirty days. Neither House, during the session of the General 
Assembly, shall, without the consent of the other, adjpurn for more 
than three days, nor to any other place than that in which the two 



20 CONSTITUTION OF VIRGINIA. 

Houses shall be sitting. A majority of the members elected to each 
House shall constitute a quorum to do business, but a smaller number 
may adjourn from day to day, and shall have power to compel the at- 
tendance of absent members, in such manner and under such penalty 
as each House may prescribe. 

Sec. 7. The House of Delegates shall choose its own Speaker, and 
in the absence of the Lieutenant-Governor, or when he shall exercise 
the office of Governor, the Senate shall choose, from their own body, a 
President pro tempore ; and each House shall appoint its own officers, 
settle its own rules of proceeding, and direct writs of election for sup- 
plying intermediate vacancies ; but if vacancies shall occur during the 
recess of the General Assembly, such writs may be issued by .the 
Governor, under such regulations as may be prescribed by law. Each 
House shall judge of the election, qualification and returns of its mem- 
bers, may punish them for disorderly behavior, and, vfith the concur- 
rence of two-thirds, expel a member. 

Sec. 8. The members of the General Assembly shall receive for 
their services a compensation to be ascertained by law, and paid out of 
the public treasury, but no act increasing such compensation shall take 
effect until after the end of the term for which the members of the 
House of Delegates voting thereon were elected; and no Senator or 
Delegate, during the term for which he shall have been elected, shall 
be appointed to any civil office of profit under the Commonwealth, 
which has been created, or the emoluments of which have been in- 
creased, during such term, except offices^ filled by elections by the 
people. 

Sec. 9. Bills and resolutions may originate in either of the two 
Houses of the General Assembly, to be approved or rejected by either, 
and may be amended by either House, with the consent of the other. 

Sec 10. Each House of the General Assembly shall keep a journal 
of its proceedings, which shall be published from time to time, and the 
yeas and nays of the members of either House, on any question, shall, 
at the desire of one-fifth of those present, be entered on the journal. 
No bill shall become a law until it has been read on three different days 
of the session in the House in which it originated, unless two-thirds of 
the members in that House shall otherwise determine. 

Sec. 11. The members of the General Assembly shall, in all cases 
except treason, felony or breach of the peace, be privileged from arrest 
during the sessions of their respective Houses ; and for any speech or 
tiebate in either House they shall not be questioned in any other place. 



CONSTITUTION OF VIRGINIA. 21 

They shall not be subject to arrest, under any civil process, during t^.e 
session of the General Assembly, nor for fifteen days next before the 
convening and after the termination of each session. 

Sec. 12. The whole number of members to which the State may at 
any time be entitled in the House of Representatives of the United 
States shall be apportioned, as nearly as may be, amongst the several 
counties, cities and tow-'as of the State, according to their population. 

Sec. 13. In the apportionment the State shall be divided into dis- 
tricts corresponding in number with the representatives to w^hich it may 
be entitled in the House of Representatives of the Congress of the 
United States, which shall be formed, respectively, of contiguous coun- 
ties, cities and towns, be compact, and include, as nearly as may be, an 
equal number of population. 

Sec 14. The privilege of the writ of habeas corpus shall not be sus- 
pended unless w^hen, in cases of invasion or rebellion, the public safety 
may require it. The General Assembly shall not pass any bill of attainder, 
or any ex post facto law, or any law impairing the obligation of contracts, 
or any law whereby private property shall be taken for public uses with- 
out just compensation, or any law abridging the freedom of speech or of 
the press. No man shall be compelled to frequent or support any reli- 
gious worship, place or ministry whatever, nor shall any man be en- 
forced, restrained, molested or burthened in his body or goods, or 
otherwise suffer, on account of his religious opinions or belief, but all 
men shall be free to profess, and by argument to maintain, their 
opinions in matters of religion, and the same shall in nowise affect,' 
diminish or enlarge their civil capacities. And the General Assembly 
shall not prescribe any religious test whatever, or confer any peculiar 
privileges or advantages on any sect or denomination, or pass any law 
requiring or authorizing any religious society, or the people of any 
district within this Commonwealth, to levy on themselves or others any 
tax for the erection or repair of any house of public worship, or for the 
support of any church or ministry, but it shall be left free to every 
person to select his religious instructor, and to make for his support 
such private contract as he shall please. 

Sec. 15. No law shall embrace more than one object, which shall be 
expressed in its title; nor shall any law be revived or amended by re- 
ference to its title, but the act revived or the section amended shall 
be re-enacted and published at length. 

Sec 16. The Governor, Lieutenant-Governor, judges and all others 
offending against the State, by maladministration, corruption, neglect 



22 CONSTITUTION OF VIRGINIA. 

of duty, or other high crime or misdemeanor, shall be impeachable by 
the House of Delegates, and be prosecuted before the Senate, which 
shall have the sole power to try impeachment. When sitting for that 
purpose, they shall be on oath or affirmation, and no person shall be 
convicted without the concurrence of two-thirds of the members pre- 
sent. Judgment, in case of impeachment, shall not extend further 
than to removal from office and disqalification to hold or enjoy any office 
of honor, trust or profit under the Commonwealth ; but the party con- 
victed shall, nevertheless, be subject to indictment, trial, judgment and 
punishment, according to law. The Senate may sit during the recess 
of the General Assembly for the trial of impeachment. 

Sec. 17. The General Assembly shall not grant a charter of incorpo- 
ration to any church or religious denomination, but may secure the 
title to church property to an extent to be limited by law. 

Sec. 18. ISTo lottery shall hereafter be authorized by law, and the 
buying, selling or transferring of tickets or chances in any lottery 
shall be prohibited. 

Sec. 19. No new county shall be formed with an area of less than 
six hundred square miles ; nor shall the county or counties from which 
it is formed be reduced below that area ; nor shall any county, having a 
population less than ten thousand, be deprived of more than one-fifth of 
such population ; nor shall a county, having a larger population, be re- 
duced below eight thousand. But any county, the length of which is 
three times its mean breadth, or which exceeds fifty miles in length, 
may be divided at the discretion of the General Assembly. In all gen- 
eral elections, the voters in any county, not entitled to separate repre- 
sentation, shall vote in the same election district. 

Sec. 20. The General Assembly shall confer on the courts thepower 
to grant divorces, change the names of persons, and direct the sale of 
estates belonging to infants and other persons under legal disabilities ; 
but shall not, by special legislation, grant relief in such cases, or in 
any other case of which the courts or other tribunals may have juris- 
diction. 

Sec 21. The General Assembly shall provide for the annual regis- 
tration of births, m.arriages and deaths. 

Sec. 22. The manner of conducting and making returns of elec- 
tions, of determining contested elections, and of filling vacancies in 
office, in cases not specially provided for by this Constitution, shall be 
prescribed by law ; and the General Assembly may declare the cases in 
which any office shall be deemed vacant where no provision is made for 
that purpose in this Constitution. 



CONSTITUTION OF VIRGINIA. 23 



ARTICLE VI. 

JUDICIAKY DEPAHTMENT. 

Section 1. There shall be a Supreme Court of Appeals, Circuit 
Courts and County Courts. The jurisdiction of these tribunals, and 
the judges thereof, except so far as the same is conferred by this Con- 
stitution, shall be regulated by law. 

COURT OF APPEALS. 

Sec. 2. The Supreme Court of Appeals shall consist of five judges, 
any three of whom may hold a court. It shall have appellate jurisdic- 
tion only, except in cases of habeas corpus, mandamus and prohibition. 
It shall not have jurisdiction in civil cases where the matter in contro- 
versy, exclusive of costs, is less in value or amount than five hundred 
dollars, except in controversies concerning the title or boundaries of 
land, the probate of a will, the appointment or qualification of a per- 
sonal representative, guardian, committee or curator ; or concerning a 
mill, roadway, ferry or landing ; or the right of a corporation or of a 
county to levy tolls or taxes, and except in cases of habeas corpus, 
mandamus and prohibition, or the constitutionality of a law : Provided, 
That the assent of a majority of the judges elected to the court shall 
be required, in order to declare any law null and void by reason of 
its repugnance to the Federal Constitution, or to the Constitution 
of this State. 

Sec. 3. Special Courts of Appeals, to consist of not less than three 
nor more than five judges, may be formed of the judges of the Su- 
preme Court of Appeals and of the Circuit Courts, or any of them, to 
try any cases on the docket of said court, in respect to which a majority 
of the judges thereof may be so situated as to make it improper for, 
them to sit on the hearing of the same ; and also to try any cases on the 
said docket which cannot be otherwise disposed of w^ith convenient 
dispatch. 

Sec. 4. When a judgment or decree is reversed or affirmed by the 
Supreme Court of Appeals, the reasons therefor shall be stated in 
writing, and be preserved with the records of the case. 

Sec. 5. The judges shall be chosen by the joint vote of the two 
Houses of the General Assembly, and shall hold their office for a term 
of twelve years; they shall, when chosen, have held a judicial station 
in the United States, or shall have practiced law in this or some other 
State for five years. 



24 CONSTITUTION OF YIRG-INIA. 

Sec. 6. The officers of the Supreme Court of xlppeals shall be ap- 
pointed by the said court, or by the judges thereof in yacation. Their 
duties, compensation and tenure of office shall be prescribed by law. 

Sec. 7. The Supreme Court of Appeals shall hold its sessions at two 
or more places in the State, to be fixed by law. 

Sec. 8. At every election of a Governor, an Attorney-General shall 
be elected by the qualified voters of this Commonwealth. He shall be 
commissioned by the Governor, perform such duties and receive such 
compensation as may be prescribed by law, and shall be removable in 
the manner prescribed for the removal of judges. 

CIECUIT COURTS. 

Sec. 9. The State shall be divided into sixteen judicial circuits, as 
follows : 

1. The counties of Xorfolk, Princess Anne, Xansemond, Isle of 
Wight, Southampton, Surry and the city of Xorfolk shall constitute 
the first circuit. 

2. The counties of Sussex, Greenesville, Brunswick, Prince George, 
Dinwiddle, Xottoway, Chesterfield and the city of Petersburg shall 
constitute the second circuit. 

3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia, 
Powhatan, Prince Edward, Buckingham and Cumberland shall constitute 
the third circuit. 

4. The counties of Halifax, Pittsylvania, Henry, Patrick, Franklin 
and the town of Danville shall constitute the fourth circuit. 

5. The counties of Bedford, Campbell, Appomattox, Amherst, Nel- 
son and the city of Lynchburg shall constitute the fifth circuit. 

6. The counties of Albemarle, Pluvanna, Culpeper, Goochland^ 
Madison, Greene and Orange shall constitute the sixth circuit. 

7. The county of Henrico and the city of Richmond shall constitute 
the seventh circuit. 

8. The counties of Accomac, Northampton, York, Elizabeth City, 
Warwick, James City, New Kent, Charles City and the city of Williams- 
burg shall constitute the eighth circuit. 

9. The counties of Lancaster, Northumberland, Mathews, Middlesex, 
Gloucester, King William, Essex and King & Queen shall constitute 
ttie ninth circuit. 

lU. The counties of Westmoreland, Spotsylvania, Caroline, Hanover, 
StaiFord, King George, Richmond and Louisa shall constitute the tenth 
circuit. 



CONSTITUTION OF VIRGINIA. 25 

11. The counties of Loudoun, Fauquier, Prince William, Fairfax, 
Kappahannock and Alexandria sliall constitute the eleventh circuit. 

12. The counties of Frederick, Clarke, Warren, Page, Shenandoah 
and Rockingham shall constitute the twelfth circuit. 

13. The counties of Augusta, Rockbridge, Bath, Highland and Alle- 
ghany shall constitute the thirteenth circuit. 

14. The counties of Botetourt, Roanoke, Montgomery, Floyd, Giles 
and Craig shall constitute the fourteenth circuit. 

15. The counties of Carroll, Grayson, Wythe, Pulaski, Bland and 
Tazewell shall constitute the fifteenth circuit. 

16. The counties of Smyth, Washington, Lee, Scott, Wise, Russell 
and Buchanan shall constitute the sixteenth circuit. 

Sec. 10. The General Assembly may re-arrange said circuits, or any 
of them, and increase or diminish the number thereof, when the public 
interests shall require it. 

Sec. 11. For each circuit a Judge shall be chosen by the joint vote of 
the two Houses of the General Assembly, who shall hold his office for a 
term of eight years, unless sooner removed, in the manner prescribed 
by this Constitution ; he shall, when chosen, possess the same qualifica- 
tions of Judges of the supreme court of appeals, and during his •con- 
tinuance in office shall reside in the circuit of which he is Judge. 

Sec. 12. A circuit court shall be held at least tvfice a year, by the 
Judges of each circuit, in every county and coiporation thereof, wherein 
a circuit court novr is, or may hereafter be, established ; but the Judges 
may be required or authorized to hold the courts of their respective 
circuits alternately, and the Judge of one circuit to hold court in any 
other circuit. 

COUXTY CGUKTS. 

Sec 13. In each county of this Commonwealth there shall be a court 
called the county court, which shall be held monthly by a Judge learned 
in the law of the State, and to be known as the county court Judge : 
Provided, that counties containing less than eight thousand inhabitants 
shall be attached to adjoining counties for the formation of districts for 
county Judges ; county court Judges shall be chosen in the same manner as 
Judges of the circuit courts ; they shall hold their office for a term of 
six years, except the first term under this Constitution, which shall be 
three years, and during their continuance in office, they shall reside in 
their respective counties or districts ; the jurisdiction of said courts 
shall be the same as that of the existing county courts, except so laras 
it is modified by this Constitution, or may be changed by law. 
4 



26 CONSTITUTION OF VIRGINIA. 



GOVERNMENT OF CITIES AND TOWNS. 

Sec. 14. For each city or town in the State, containing a population 
of five thousand, there shall be elected, on the joint vote of the two 
Houses of the General Assembly, one City Judge, who shall hold a 
corporation or hustings court of said city or town as often, and as many 
days in each month, as may be prescribed by law, with similar juris- 
diction which may be given by law to the circuit courts of this State, 
and who shall hold his ofiice for a term of six years : Provided, That in 
cities or towns containing thirty thousand inhabitants, there may be 
elected an additional Judge, to hold courts of probate and record, sepa- 
rate and apart from the corporation or hustings courts, and perform 
such other duties as shall be prescribed by law. 

Sec. 15. Also the following enumerated officers, who shall be elected 
by the qualified voters of the said cities or towns : One Clerk of the 
corporation or hustings court, who shall also be the Clerk of the circuit 
court, except in cities or towns containing a population of thirty thou- 
sand or more ; in which city or town there may be a separate Clerk for 
the circuit court, who shall hold his office for a term of six years. 

Sec. 16. One Commonwealth's Attorney, who shall be the Common- 
wealth's Attorney for the circuit court, and shall hold his office for a 
term of two years. 

Sec. 17. One City Sergeant, who shall hold his office for a term of 
tvfo years. 

Sec. 18. One City or Town Treasurer, whose duties shall be similar 
to those of County Treasurer, and shall hold his office for a term of 
three years. 

Sec 19. One Commissioner of the Revenue. 

Sec 20. There shall be chosen, by the electors of every city, a 
Mayor, who shall be the chief executive officer thereof, and who shall 
see that the duties of the various city officers are faithfully performed. 
He shall have power to investigate their acts, have access to all books 
and documents in their offices, and may examine them and their sub- 
ordinates on oath. The evidence given by persons so examined shall 
not be used against them in any criminal proceedings. He shall also 
have power to suspend or remove such officers, whether they be elected 
or appointed, for misconduct in office or neglect of duty, to be specified 
in the order of suspension or removal ; but no such removal shall be 
made without reasonable notice to the officer complained of, and an op- 
portunity afforded him to be heard in his defence. All city, town and 



CONSTITUTION OF VIRGINIA. 27 

village officers, whose election or appointment is not provided for by 
this Constitution, shall be elected by the electors of such cities, towns 
and villages, or of some division thereof, or appointed by such authori- 
ties thereof as the General Assembly shall designate. All other offi- 
cers, whose election or appointment is not provided for by this Consti- 
tution, and all officers whose offices may be hereafter created by law, 
shall be elected by the people, or appointed, as the General Assembly 
may direct. Members of Common Councils shall hold no other office 
in cities, and no city officer shall hold a seat in the General Assembly. 
The General Assembly, at its first session after the adoption of this 
Constitution, shall pass such laws as may be necessary to give effect to 
the provisions of this article. General laws shall be passed for the 
organization and government of cities, and no special act shall be passed 
except in cases where, in the judgment of the General Assembly, the 
object of such act cannot be attained by general laws. Nothing in this 
article shall affect the power of the General Assembly over quarantine, 
or in regard to the port of Norfolk, or the interest of the State in the 
lands under water and within the jurisdiction or boundaries of any city, 
or to regulate the wharves, piers or slips in any city. All laws or city 
ordinances in conflict with the provisions of the preceding sections, 
shall be void from and after the adoption of this Constitution. 

Sec. 21. All regular elections for city or town officers, under this 
article, shall be held on the fourth Thursday in May, and the officers 
elect shall enter upon their duties on the first day of July succeeding. 

GENERAL PROVISIONS. 

Sec. 22. All the Judges shall be commissioned by the Governor, 
and shall receive such salaries and allowances as may be determined by 
law, the amount of which shall not be diminished during their term of 
office. Their terms of office shall commence on the first day of Jan- 
uary next following their appointment, and they shall discharge the 
duties of their respective offices from their first appointment and qualifi- 
cation under this Constitution until their terms begin. 

Sec. 23. Judges may be removed from office by a concurrent vote of 
both Houses of the General Assembly, but a majority of all the mem- 
bers elected to each House must concur in such vote, and the cause of 
removal shall be entered on the Journal of each House. The Judge 
against whom the General Assembly may be about to proceed, shall 
have notice thereof, accompanied by a copy of the causes alleged for 
his removal, at least twenty days before the day on which either House 
of the General Assembly shall act thereon. 



28 CONSTITUTION OF YIEGINIA. 

Sec. 24. Judges of tlae supreme court of appeals and Judges of the- 
circuit courts shall not hold any other office or public trust during their 
continuance in office. 

Sec. 25. Judges, and all other officer elected or appointed, shall 
continue to discharge the duties of their offices after their terms of ser- 
vice have expired, until their successors have qualified. 

Sec. 26. Writs shall run "in the name of the Commonwealth of Vir- 
ginia," and be attested by the Clerks of the several courts. Indict- 
ments shall conclude '-against the peace and dignity of the Com- 
monwealth.'' 

ARTICLE YII. 

COrXTY OKGANIZATIOXS. 

Sec 1. There shall be elected by the qualified voters of the county, 
one Sheriff; one Attorney for the Commonwealth, who shall also be the 
Commonwealth's Attorney for the circuit court ; one County Clerk, 
who shall also be the Clerk of the circuit court, except that in counties 
containing fifteen thousand inhabitants there may be a separate Clerk 
for the circuit court ; one County Treasurer, and one Superintendent 
of the Poor. And there shall be appointed, in the manner provided for 
in Article YIII, one Superintendent of Schools : Provided, That coun- 
ties containing less than eight thousand inhab'itants may be attached to 
adjoining counties for the formation of districts for Superintendents of 
Schools : Provided, also, That in counties containing thirty thousand 
inhabitants there may be appointed an additional Superintendent of 
Schools therein. All regular elections for county officers shall beheld 
on the first Tuesday after the first Monday in November, and all officers 
elected or appointed under this provision shall enter upon the duties of 
their offices on the first day of January next succeeding their election,, 
and shall hold their offices for the term of three years, except that the 
county and circuit court clerks shall hold their offices for four years. 

TOWXSHIPS. 

Sec. 2. Each county of the State shall be divided into so many 
compactly located townships as may be deemed necessary, not less than 
three : Provided, That after three have been formed no additional 
township shall be made containing less than thirty square miles. Each 

township shall be known as the township of , in the county of 

, and may sue and be sued by such title. In each township 

there shall be elected annually : one Supervisor ; one Township Clerk ;. 



CONSTITUTION OF VIRGINIA. 29 

one Assessor ; one Collector ; one Commissioner of Roads ; one Over- 
seer of the Poor ; one Justice of the Peace, who shall hold his office 
three years ; one Constable, who shall hold his office three years : Pro- 
vided, That at the first, election under this provision there shall be 
three Justices of the Peace and three Constables elected, whose terms 
shall be one, two and three years, respectively. All regular elections 
for township officers shall take place on the fourth Thursday in May, 
and all officers so elected shall enter upon the duties of their respective 
offices on the first day of July next succeeding their election. The 
Supervisors of each township shall constitute the Board of Supervisors 
for that county, and shall assemble at the courthouse thereof on the 
first Monday in December in each year, and proceed to audit the ac- 
counts of said county, examine the books of the Assessors, regulate and 
equalize the valuation of property, fix the county levies for the ensuing 
year, apportion the same among the various townships, and perform 
such other duties as shall be prescribed by law. 

SCHOOL DISTRICTS. 

Sec. 3. Each township shall be divided into so many compactly lo- 
cated school districts as may be deemed necessary : Provided, That no 
school district shall be formed containing less than one hundred inhab- 
itants. In each school district there shall be elected or appointed an- 
nually one School Trustee, who shall hold his office three years : Pro- 
vided, That at the first election held under this provision there shall be 
three Trustees elected, whose terms shall be one, two and three years, 
respectively. 

IIOAD DISTRICTS. 

Sec. 4. Each township shall be divided into one or more road dis- 
tricts. In each road district there shall be elected annually one Over- 
seer of Eoads, under whose direction the roads shall be kept in repair, 
at the public expense, in a mode prescribed by law. 

Sec. 5. The General Assembly, at its first session after the adoption of 
this Constitution, shall pass such laws as may be necessary to give effect 
to the provisions of this article. But nothing in this article shall be 
construed as prohibiting the General Assembly from providing by law 
for any additional officers in any city or county. 

Sec. 6. Sheriffs shall hold no other office. They may be required by 
law to renew their security, and in default of so doing their offices shall 
be declared vacant. Counties shall never be made responsible for the 
acts of the sheriffs. 



30 CONSTITUTION OF VIRGINIA. 

ARTICLE YIII. 

EDUCATION'. 

Sectiox 1. The G-eneral Assembly shall elect, in joint ballot, within 
thirty days after its organization under this Constitution, and every 
fourth year thereafter, a Superintendent of Public Instruction. He 
shall have the general supervision of the public free school interests of 
the State, and shall repoii; to the General Assembly, for its considera- 
tion, within thirty days after his election, a plan for a uniform system 
of public free schools. 

Sec. 2. There shall be a board of education, composed of the Gov- 
ernor, Superintendent of Public Instruction and Attorney-General, 
which shall appoint, and have power to remove, for cause and upon no- 
tice to the incumbents, subject to confirmation by the Senate, all county 
superintendents of public free schools. This board shall have regu- 
lated, by law, the management and investment of all school funds, and 
such supervision of schools of higher grades as the law shall provide. 

Sec. 3. The General Assembly shall provide by law, at its first ses- 
sion under this Constitution, a uniform system of public free schools, 
and for its gradual, equal and full introduction into all the counties of 
the State, by the year 1876, or as much earlier as practicable. 

Sec. 4. The General xlssembly shall have power, after a full intro- 
duction of the public free school system, to make such laws as shall nor 
permit parents and guardians to allow their children to grow up in igno- 
rance and vagrancy. 

Sec. 5. The General Assembly shall establish, as soon as practica- 
ble, normpcl schools, and may establish agricultural schools and such 
grades of schools as shall be for the public good. 

Sec. 6. The Board of Education shall provide for uniformity of text- 
books and the furnishing of school-houses with such apparatus and 
library as may be necessary, under such regulations as may be provided 
by law. 

Sec. 7. The General Assembly shall set apart, as a permanent and 
perpetual ^'literary fund," the present literary funds of the State, the 
proceeds of all public lands donated by Congress for public school pur- 
poses, of all escheated property, of all waste and unappropriated lands, 
of all property accruing to the State by forfeitui'e, and all fines collected 
for offences committed against the State, and such other sums as the 
General Assembly may appropriate. 



CONSTITUTION OF VIRGINIA. 31 

Sec. 8. The General Assembly shall apply the annual interest on 
the literary fund, the capitation tax provided for by this Constitution 
for public free school purposes, and an annual tax upon the property of 
the State of not less than one mill, nor more than five mills, on the dol- 
lar, for the equal benefit of all the people of the State — the number of 
children between the ages of five and twenty-one years in each public 
free school district being the basis of such division. Provision shall be 
made to supply children attending the public free schools with necessary 
text-books, in cases where the parent or guardian is unable, by reason 
of poverty, to furnish them. Each county and public free school dis- 
trict may raise additional sums by a tax on property for the support of 
public free schools. All unexpended sums of any one year in any pub- 
lic free school district, shall go into the general school fund for re-divi- 
sion the next year : Provided, That any tax authorized by this section 
to be raised by counties or school districts shall not exceed five mills on 
a dollar in any one year, and shall not be subject to re-division, as 
hereinbefore provided in this section. 

Sec. 9. The General Assembly shall have power to foster all highef 
grades of schools under its supervision, and to provide for such purpose 
a permanent educational fund. 

Sec. 10. All grants and donations received by the General Assem- 
bly for educational purposes shall be applied according to the terms 
prescribed by the donors. • 

Sec. 11. Each city and county shall be held accountable for the de- 
struction of school property that may take place within its limits by in- 
cendiaries or open violence. 

Sec. 12. The General Assembly shall fix the salaries and prescribe 
the duties of all school officers, and shall make all needful laws and regu- 
lations to carry into effect the public free school system provided for by 
this article. 

ARTICLE IX. 

MILITIA. 

Sec 1. The militia of this State shall consist of all able-bodied male 
persons between the ages of eighteen and forty-five ..years, except such 
persons as hereafter may be exempted by the laws of the United States 
or of this State ; but those who belong to religious societies, whose 
tenets forbid them to carry arms, shall not be compelled to do so, but 
shall pay an equivalent for personal service ; and the militia shall be 
organized, armed and equipped and trained as the General Assembly 
may provide by law. 



32 CONSTITUTION OF VIRGINIA. 

Sec. 2. The Legislature shall provide by law for the encouragement 
of volunteer corps of the several arms of the service, -which shall be 
classed as the active militia ; and all other militia shall be classified as 
the reserve militia, and shall not be required to muster in time of 
peace. 

ARTICLE X. 

TAXATION AND FINANCE. 

Sec. 1. Taxation, except as hereinafter provided, whether imposed 
by the State, county or corporate bodies, shall be equal and uniform, 
and all property, both real and personal, shall be taxed in propor- 
tion to its value, to be ascertained as prescribed by law. No one 
species of property, from which a tax may be collected, shall be taxed 
higher than any other species of property of equal value. 

Sec. 2. No tax shall be imposed on any of the citizens of this State 
for the privilege of taking or catching oysters from their natural beds 
with tongs, in the waters thereof; but the amount of sales of oysters 
so taken by any citizen in any one year may be taxed at a rate not ex- 
ceeding the rate of taxation imposed upon any other species of pro- 
perty. 

Sec. 3. The Legislature may exempt all property used exclusively 
for State, county, municipal, benevolent, charitable, educational and 
religious purposes. 

Sec. 4. The General Assembly may levy a tax on incomes in ex- 
cess of six hundred dollars per annum, and upon the following licenses, 
viz : the sale of ardent spirits, theatrical and circus companies, menage- 
ries, jugglers, itinerant peddlers, and all other shows and exhibitions 
for which an entrance fee is required, commission merchants, persons 
selling by sample, brokers and pawn-brokers, and all other business 
which cannot be reached by the ad valorem system. The capital in- 
vested in all business operations shall be assessed and taxed as other 
property. Assessments upon all stock shall be according to the market 
value thereof. 

, Sec. 5. The General Assembly may levy a tax, not exceeding one 
dollar per annum, on every male citizen who has attained the age of 
twenty-one years, which shall be applied exclusively in aid of public 
free schools ; and counties and corporations shall have power to impose 
a capitation tax, not exceeding fifty cents per annum, for all purposes. 

Sec. 6. The General Assembly shall provide for a re-assessment of 



CONSTITUTION OF VIRGINIA. 33 

the real estate of this State in the year 1869, or as soon thereafter as 
practicable, and every fifth year thereafter : Provided, in making such 
assessment, no land shall be assessed above or below its value. 

Sec. 7. No debt shall be contracted by this State except to meet 
casual deficits in the revenue, to redeem a previous liability of the State, to 
suppress insurrection, repel invasion, or defend the State in time of war. 

Sec. 8. The General Assembly shall provide by law a sinking fund, 
to be applied solely to the payment and extinguishment of the principal 
of the State debt, which sinking fund shall be continued until the ex- 
tinguishment of such State debt; and every law hereafter enacted by 
the General Assembly, creating a debt or authorizing a loan, shall pro- 
vide a sinking fund for the payment of the same. 

Sec. 9. The unfunded debt shall not be funded or redeemed at a 
value exceeding that established by law at the time said debt was con- 
tracted, nor shall any discrimination hereafter be made in paying the 
interest on State bonds, which shall give a higher actual value to bonds 
held in foreign countries, over the same class of bonds held in this 
country. 

Sec. 10. 'No money shall be paid out of the State Treasury except 
in pursuance of appropriations made by law ; and no appropriation shall 
ever be made for the payment of any debt or obligation created in the 
name of the State of Virginia, by^the usurped and pretended State au- 
thorities assembled at Richmond during the late war; and no county, 
city or corporation shall levy or collect any tax for the payment of any 
debt created for the purpose of aiding any rebellion against the State, 
or against the United States. 

Sec. 11. On the passage of every act which imposes, continues or 
revives any appropriation of public or trust money or property, or re- 
leases, discharges or commutes any claim or demand of the State, the 
vote shall be determined by ayes and noes, and the names of the per- 
sons voting for and against the same shall be entered on the Journals 
of the respective Houses, and a majority of all the members elected to 
each House shall be necessary to give it the force of a law. 

Sec 12. The credit of the State shall not be granted to, or in aid of, 
any person, association or corporation. 

Sec. 13. No scrip, certificate or other evidence of State indebtedness 
shall be issued except for the redemption of stock previously issued, or 
for such debts as are expressly authorized in this Constitution. 

Sec 14. The State shall not subscribe to, or become interested in, 
the stock of any company, association or coriooration. 
5 



34 CONSTITUTION OF VIRGINIA. 

Sec. 15. The State shall not be a party to, or become interested in^ 
any work of internal improvement, nor engage in carrying on any such 
■work, otherwise than in the expenditure of grants to the State of land 
or other property. 

Sec. 16. Every law which imposes, continues or revives a tax, shall 
distinctly state the tax, and the object to which it is to be applied, and 
it shall not be sufficient to refer to any other law to fix such tax or ob- 
ject. 

Sec. 17. The State shall not assume any indebtedness of a county,, 
borough or city, nor lend its credit to the same. 

Sec. 18. A full account of the State indebtedness, and an accurate 
statement of receipts and expenditures of the public money, shall be 
attached to, and published with, its laws passed at every regular session 
of the General Assembly. 

Sec. 19. The General Assembly shall provide by law for adjusting 
with the State of West Virginia the proportion of the public debt of 
Virginia, proper to be borne by the State of Virginia and West Vir- 
ginia, and shall provide that such sum as shall be received from West 
Virginia shall be applied to the payment of the public debt of the- 
State. 

Sec. 20. No other or greater amount of tax or revenue shall at any 
time be levied than may be required for the necessary expenses of the 
government, or to pay the existing indebtedness of the State. 

Sec. 21. The liability to the State of any incorporate company or 
institution to redeem the principal and pay the interest of any loan 
heretofore made by the State to such company or institution, shall not 
be released or commuted. 

USURY. 

Upon debts hereafter contracted it shall be lawful to receive any rate 
of interest, not exceeding twelve per centum per annum, which may be 
agreed upon by the parties and be specified in the bond, note, or other 
writing evidencing the debt. When there is no such agreement, the 
rate of interest shall be six per centum per annum for the use and for- 
bearance of every hundred dollars. 



CONSTITUTION OF VIRGINIA. 35 

ARTICLE XI. 

illSCELLAXEOUS PKOVISIONS. 

HOMESTEAD AND OTHER EXEMPTIONS. 

Section 1 . Every houseliolder or head of a family sliall be entitled, 
in addition to the articles now exempt from levy or distress for rent, 
to hold exempt from levy, seizure, garnisheeing or sale, under any 
execution, order or other process, issued on any demand for any debt 
heretofore or hereafter contracted, his real and personal property, or 
either, including money and debts due him, whether heretofore or here- 
after acquired or contracted, to the value of not exceeding two thousand 
dollars, to be selected by him: Provided, That such exemption shall 
not extend to any execution, order or other process issued on any de- 
mand, in the following cases : 

1st. For the purchase price of said property, or any part thereof. 
2d. For services rendered by a laboring person or a mechanic. 
3d. For liabilities incurred by any public officer, or officer of a 
court, or any fiduciary, or any attorney at law, for money collected. 

4th. For a lawful claim for any taxes, levies or assessments accruing 
after the 1st day of June, 1866. 
5th. For rent hereafter accruing. 

6th. For the legal or taxable fees of any public officer, or officers of 
a court, hereafter accruing. 

Sec. 2. The foregoing section shall not be construed as subjecting 
the property hereby exempted, or any portion thereof, to any lien by 
reason of any execution levied on property which has been subsequently 
restored to the defendant, or judgment rendered or docketed on and 
after the 17th day of April, 1861, and before the 2d day of March, 
1867, for any debts contracted previous to the 4th day of April, 1865, 
except debt of the character mentioned in either of the above first three 
exceptions. 

Sec. 3. Nothing contained in this article shall be construed to inter- 
fere with the sale of the property aforesaid, or any portion thereof, by 
virtue of any mortgage, dq^ed of trust, pledge or other security thereon. 
Sec. 4. The General Assembly is hereby prohibited from passing any 
law staying the collection of debts, commonly known as *^stay laws.;" 
but this section shall not be construed as prohibiting any legislation 
which the General Assembly may deem necessary to fully carry out the 
provisions of this article. 



36 CONSTITUTION OF VIRGINIA. 

Sec. 5. Tlie General Assembly shall, at its first session under this- 
Constitution, prescribe in what manner and on what conditions the said 
householder or head of a family shall thereafter set apart and hold, for 
himself and family, a homestead out of any property hereby exempted, 
and may, in its discretion, determine in what manner and on what con- 
ditions he may thereafter hold, for the benefit of himself and family, 
such personal property as he may have, and coming within the exemp- 
tion hereby made. But this section shall not be construed as autho- 
rizing the General Assembly to defeat or impair the benefits intended 
to be conferred by the provisions of this article. 

Sec. 6. An act of the General Assembly, entitled *'an act to ex- 
empt the homesteads of families from forced sales," passed April 29th, 
1867, and an act entitled "an act to stay the collection of debts for a 
limited period," passed March 2d, 1866, and the acts amendatory 
thereof, are hereby abrogated. 

Sec. 7. The provisions of this article shall be construed liberally, to 
the end that all the intents thereof may be fully and perfectly car-- 
ried out. 

CHURCH PROPERTY. 

The rights of ecclesiastical bodies in and to church property con- 
veyed to them by regular deed of conveyance, shall not be affected by 
the late civil war, nor by any antecedent or subsequent event, nor by 
any act of the Legislature purporting to govern the same, but all such 
property shall pass to, and be held by, the parties set forth in the 
original deeds of conveyance, or the legal assignees of such original 
parties holding through or by conveyance, and any act or acts of the 
Legislature, in opposition thereto, shall be null and void. 

HEIRSHIP OF PROPERTY. 

The children of parents, one or both of whom were slaves at and 
during the period of cohabitation, and who were recognized by the 
father as his children, and whose mother was recognized by such father 
as his wife, and was cohabited with as such, shall be as capable of in- 
heriting any estate whereof such father may have died seized or pos- 
sessed, as though they had been born in lawful wedlock. 



CONSTITUTION OF YIRGINIA. 37 

ARTICLE XII. 

FUTURE CHANGES IN THE CONSTITUTION. 

Any amendment or amendments to the Constitution may be proposed 
in tlie Senate and House of Delegates ; and if the same shall be agreed 
to by a majority of the members elected to each of the two Houses, 
such proposed amendment or amendments shall be entered on their 
Journals with the ayes and noes taken thereon, and referred to the 
General Assembly to be chosen at the next general election of senators 
and members of the House of Delegates, and shall be published for 
three months previous to the time of making such choice. And if, in 
the General Assemby so next chosen as aforesaid, such proposed 
amendment or amendments shall be agreed to by a majority of all the 
members elected to each House, then it shall be the duty of the Gene- 
ral Assembly to submit such proposed amendment or amendments to the 
people, in such manner and at such times as the General Assembly 
shall prescribe ; and if the people shall approve and ratify such amend- 
ment or amendments, by a majority of the electors qualified to vote for 
members of the General Assembly voting thereon, such amendment or 
amendments shall become part of the Constitution. 

At the general election to be held in the year 1888, and in each 
twentieth year thereafter, and also at such time as the General Assembly 
may by law provide, the question, ''Shall there be a Convention to re- 
vise the Constitution and amend the same ?" shall be decided by the 
electors qualified to vote for members of the General Assembly ; and in 
case a majority of the electors so qualified voting at such election shall 
decide in favor of a Convention for such purpose, the General Assem- 
bly, at its next session, shall provide by law for the election of dele- 
gates to such Convention : Provided, That no amendment or revision 
shall be made which shall deny or in any way impair the right of suf- 
frage, or any civil or political right as conferred by this Constitution, 
except for causes which apply to all persons and classes without distinc- 
tion. 

JOHN C. UNDERWOOD, President. 

GEORGE RYE, Secretary. 
Attest : 

J. H. Painter, Assistant Secretary. 



SCHEDULE 



That no ineonvenieRce may arise from the changes in the Constitution of this 
State, and in order to carry the same into complete operation, it is hereby de- 
clared that — 

Section 1. The common law and the statute laws now in force, not repugnant 
to this Constitution, shall remain in force until they expire by their own limi- 
tation, or are altered or repealed by the Legislature. 

Sec. 2. All writs, actions, causes of action, prosecutions and rights of indi- 
viduals, and of bodies corporate, and of the State, and all charters of incorpo- 
ration, shall continue ; and all indictments which shall have been found, or 
which may hereafter be found, for any crime or offence committed before the 
adoption of this Constitution, may be prc^ceeded upon as if no change had 
taken place. The several courts, except as herein otherwise i^rovided, shall 
continue witli tlie like powers and jurisdiction, both in law and in equity, as if 
this Constitution had not been adopted, and until tlie organization of the judi- 
cial department of this Constitution. 

Sec. 3. That all fines, i^enalties, forfeitures and escheats accruing to the State 
of Virginia, under the iDresent Constitution and laws, shall accrue to the use of 
the State under this Constitution. 

Sec. 4. That all recognizances, -bonds, obligations, and all other instruments 
entered into or executed before the adoption of this Constitution, to tlie people 
of the State of Virginia, to any State, county or township, or any public officer 
or public body, or which may be entered into or executed, under existing laws, 
^' to the people of the State of Virginia,^' to any such officer or public body before 
the comx)lete organization of the department of government under this Con- 
stitution, shall remain binding and. valid ; and rights and liabilities upon the 
same shall continue, and may be prosecuted as provided by law. And all 
crimes and misdemeanors and penal actions shall be tried, punished and prose- 
cuted, as though no change had taken place, until otherwise provided by law. 



ELECTION ORDINANCE. 



AX OEDIXAX('*E concernlnr/ the Election for Batification of this Constitution, and 
for State Officers and Members of Congress. 

Section 1. Be it orclained by the people of Virginia, iii Convention assembleci. 
That the Constitution adopted by this Convention be submitted for ratification 
on Tuesday, the 2d day of June, 1868, to the voters of this State, registered and 
qualified in compliance with the acts of Congress known as the Keconstruction 
Acts. The vote on said Constitution shall be "For the Constitution," or 
"Against the Constitution." The said election shall be held at the same places 
where the election for delegates to this Convention was held, and under the 
regulations to be iDrescribed by the Commanding General of this 31ilitary Dis- 
trict, and the returns made to him as directed by law. 

Sec. 2. An election shall be held at the same time and places for members of 
the General Assembly and for all State ofiicers to be elected by the people 
under this Constitution ; the said election for State ofiacers shall be conducted 
luider the same regulations as the election for the' ratification of the Constitu- 
tion, and by the same persons. The returns of this election shall be made in 
duplicate — one copy to the Commanding General and one copj^to the President 
of this Co ^vention, who shall give certificates of election to the persons elected. 
The oflrlcei elected shall enter upon the duties of the offices for which they are 
chosen as s ni as elected and qualified, in compliance with the i)rovisions of 
this Constit .ion, and shall hold their respective offices for the term of years 
prescribed b> the Constitution, counting from the 1st day of January next, 
and until their successors are elected and qualified. 

Sec. 3. An election for members of the United States Congress shall be held 
in the congressional districts as established by this Convention, one member of 
Congress being elected in the State at large, at the same time and places as tiie 
election for State ofiicers ; said election to be conducted by the same persons 
and under the same regulations before mentioned in this ordinance ; the re- 
turns to be made in the same manner provided for State officers. 

Sec. 4. The General Assembly elected under this ordinance shall assemble 
at the capitol, in the city of Richmond, on ^^ednesday, the 24th day of June. 
1868. 

Sec. 5. The Commanding General is requested to enforce this ordinance. 



COKGRESSIO^^AL APPORTIOXMEXT 



-Be ifc ordained bj' the people of Virginia, in Convention assembled, that the 
following named counties shall compose the respective congressional districts : 

The counties of Accomac, Xorthampton, Xorthumherland, Kichmond, A^est- 
moreland, Essex, Lancaster, :\Iiddlesex, King & Queen, King William, Glou- 
cester, Mathews, York, James City, city of Williamsburg, Ehzabeth City, War- 
wick, King George and Caroline, with a population of one hundred and fifty- 
one thousand two hundred and ninety^five, shall form the fh-st congressional 
district. 

The counties of Princess Anne, Xorfolk city, Xorfolk county, city of Ports- 
mouth, ]^fansemond, Southampton, Greenesvilie, Sussex, Surrj^, Dinwiddle, city 
of Petersburg, Prince George, Isle of Wight and Xottoway, with a population 
of one hundred and fifty thousand five hundred and eighty-four, shall form the 
second congressional district. 

The counties of Charles City, Henrico, city of Kichmond, Hanover, Chester- 
field, Goochland, Powhatan, Amelia, Cumberland and Xew Kent, with a popu- 
lation of one hundred and forty-nine thousand and twenty-one, shall form the 
third congressional district. 

The counties of Brunswick, Xecklenbnrg, Lunenburg, Charlotte, Halifax, 
Pittsylvania. Franklin, Patrick and Henry, with a population of one hundred 
and sixty thousand seven hundred and thirtj'. shall form the fourth congres- 
sional district. 

The counties of Greene, Albemarle, Fluvanna, Xelson, Buckin -^lam, Am- 
herst, Appomattox, Bedford, Campbell, Prince Edward and the c^ of Lynch- 
burg, •v\i.th a population of one hundred and fifty-five thous^^" In ur hundred 
and ninety, shall form the fifth congressional district. ^,o 

The counties of Frederick, city of Winchester, Clarke, AV^arr 't*age, Shenan- 
doah, Eockingham, Augusta, town of Staunton, Highland th, Botetourt, 
Alleghany and Rockbridge, with a population of one hundred and fortj'-six 
thousand eight hundred and twenty-four, shall form the sixth congressional 
district. 

The counties of Alexandria, Fairfax, Prince AVilliam, Fauquier, Stattbrd, Rap- 
l^ahannock, Cnlpeper, Spotsylvania, town of Fredericksburg, Orange, Louisa, 
Loudoun and Madison, Mith a population of one hundred and fifty-eight thousand 
two hundred and ninety-five, shall form the seventh congressional district. 

The counties of Montgomerj', Giles, Pulaski. Wythe, Bland, Tazewell, Smyth, 
Washington, Russell, Scott, Lee, Wise, Buchanan, Grayson Carroll, Floyd, 
Craigand Roanoke, with a i3opulation of one hundred and forty-seven thousand 
six hundred and seventy-nine, shall form the eighth congressional district. 

And there shall be one member of Congress elected by the State at large. 

This ordinance shall be in force from its passage, and may be altered or re- 
pealed bv the Legislature. 

JOHX C. UXDERWOOD, President 
GEORGE RYE, Secretary. 
Attest: 

J. H. Paixtee, Assisicird Secretary. 



